Written Answers Friday 4 September 2009

Scottish Executive

Cancer

Angela Constance (Livingston) (SNP): To ask the Scottish Executive which NHS boards prescribe Zometa (zoledronic acid) for the treatment of prostate cancer.

Nicola Sturgeon: As Zometa® (Zoledronic Acid) is not recommended for use in the treatment of prostate cancer by the Scottish Medicines Consortium, it is not routinely prescribed to Scottish patients. As such, information regarding the prescription of Zometa to Scottish prostate cancer patients is not collected centrally.

  The prescribing of particular medicines is however a matter for NHS boards. All NHS boards and their Area Drugs and Therapeutics Committees (ADTCs) have processes for the consideration of SMC and NHS QIS "not recommended" medicines in accordance with clinical judgement, based on clinical skills and knowledge, the circumstances of the patient, national advice and local priorities’. Evidence suggests that Zometa is being prescribed to individual patients, for secondary conditions relating to their initial prostate cancer diagnosis.

Diabetes

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive what action and initiatives it is undertaking to address high levels of diabetes prevalent in communities where the risk is higher than in the average population.

Nicola Sturgeon: I refer the member to the answer to question S3W-26462 on 4 September 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx .

  In addition, the consultation on revising our Diabetes Action Plan 2006, which closed on 22 August, specifically sought responses on how to tackle the health inequalities associated with diabetes, and included a section on minority ethnic issues and the relationship between poverty and incidence of diabetes.

  Our revised Diabetes Action Plan will draw on these responses and the work of the Scottish Diabetes Group’s Diabetes Minority Ethnic Group to identify the actions needed to support people most at risk of developing diabetes, including those from minority ethnic communities. Publication of the new action plan is expected in November of this year.

Emergency Workers (Scotland) Act 2005

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive how many charges under the Emergency Workers (Scotland) Act 2005 have been reported to the Procurator Fiscal in (a) Dundee and (b) Tayside in each year since 2005.

Frank Mulholland: The following table shows the number of charges under the Emergency Workers (Scotland) Act 2005 that were reported to the Procurator Fiscal in Dundee and Procurators Fiscal in the Tayside Area since the financial year 2005-06.

  Charges: Emergency Workers (Scotland) Act 20051,2 

  

 Total Charges Reported
 2005-06
 2006-07
 2007-08
 2008-09
 Grand Total


 Dundee
 5
 15
 9
 15
 44


 Tayside Area
 12
 22
 21
 31
 86



  Notes:

  1. The information for this question has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

Health

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive what action and initiatives it is undertaking to address high levels of heart disease prevalent in communities where the risk is higher than in the average population.

Nicola Sturgeon: As our report Equally Well makes clear, the Scottish Government is strongly committed to tackling health inequalities.

  Our Better Heart Disease and Stroke Care Action Plan, which we published in June this year, describes the actions required to reduce the health inequalities associated with cardiovascular disease (CVD), which we define as including Coronary Heart Disease(CHD), stroke and diabetes. These include promoting the use of ASSIGN as the CVD risk prediction tool best suited to Scottish circumstances because it includes deprivation as a factor. We also have the NHS National Performance Framework indicator ‘to reduce mortality from CHD among under 75s in deprived areas’.

  Keep Well is a programme of anticipatory care that operates within Scotland’s most deprived communities, identifying those aged between 45 and 64 at greatest risk of developing cardiovascular disease, and then delivering appropriate life style advice and clinical interventions where appropriate. Over 50,000 people have completed a Keep Well assessment since 2007. The Well North programme replicates that approach in remote and rural areas.

  As the mechanisms for targeting and engaging with "at risk" populations become more refined, NHS boards are expected to broaden their focus to include other key groups that are vulnerable to premature mortality from CVD, such as the South Asian community and offenders. The action plan contains actions designed specifically to promote culturally sensitive approaches to tackling CVD within the South Asian community.

Healthcare Associated Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive when it anticipates that the public inquiry into Clostridium difficile will now commence.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the terms of reference for the public inquiry into Clostridium difficile will be sufficiently wide to enable consideration of the incidence of Clostridium difficile at hospitals across Scotland, while maintaining the focus on the Vale of Leven hospital outbreak.

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive when an announcement will be made about the terms of reference for the public inquiry into the Clostridium difficile outbreak at the Vale of Leven hospital and when it intends formally to set up the inquiry.

Nicola Sturgeon: The public inquiry into the outbreak of C difficile at the Vale of Leven hospital will be set up on 1 October 2009. The Right Honourable Lord MacLean has been appointed to chair this Inquiry, to be known as the Vale of Leven Hospital Inquiry, and the Instrument of Appointment (Bib. number 48497) and Terms of Reference (Bib. number 48495) have been placed in the Scottish Parliaments Information Centre (SPICe) today. I do not intend to appoint additional panel members. However, Lord MacLean has indicated that he wishes to appoint one or more assessors to assist him during the Inquiry.

  It is for Lord MacLean to conduct the inquiry independently. The purpose of this inquiry is to investigate this matter thoroughly, and the necessary resources to do so will be provided to the Inquiry from the Health budget. The Inquiries Act 2005 requires that unnecessary costs be avoided and the Scottish Government will monitor the progress and costs of the Inquiry.

Healthcare Associated Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether the terms of reference for the public inquiry into Clostridium difficile will be sufficiently wide to enable consideration of the actions of all agencies, including government departments, executive agencies and non-departmental public bodies in tackling Clostridium difficile.

Nicola Sturgeon: I refer the member to the answer to question S3W-26914 on 4 September 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/business/PQA/Default.aspx .

  It will be for the Chair of the Inquiry to determine who is called to give evidence in line with the Inquiries Act 2005.

Healthcare Associated Infection

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it will encourage the new chair of the public inquiry into Clostridium difficile to meet with the families of those affected by the outbreak at the Vale of Leven hospital before determining, with the Cabinet Secretary for Health and Wellbeing, the terms of reference of the public inquiry.

Nicola Sturgeon: Lord Coulsfield met with the Vale of Leven families and relatives affected by the C Difficile outbreak on 12 June to listen to their views and concerns. These issues featured in discussions between Lord Coulsfield and the Cabinet Secretary on the terms of reference and have also been reflected in discussions with Lord MacLean.

  Lord MacLean has indicated that he would also like to meet with the families and relatives as soon as practicable and I expect him to do so in the near future.

Justice

Gavin Brown (Lothians) (Con): To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in June 2009, broken down by sheriff court.

Frank Mulholland: The following tables show the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure.

  The 257 charges relate to a total of 234 persons issued with an offer of a direct measure, out of a total of 4,091 persons offered a direct measure during the same period.

  The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

  Charges: Assault and Assault to Injury

  

 Procurator Fiscal Office
 Charges: Direct Measure
 Charges: Reported June 2009


 Assault
 Assault to Injury
 Assault: Charges Reported
 Assault to injury: Charges Reported


 Aberdeen
 15
 2
 177
 97


 Airdrie
 4
 1
 129
 28


 Alloa
 0
 0
 30
 20


 Arbroath
 2
 1
 35
 30


 Ayr
 1
 0
 64
 47


 Banff
 0
 0
 4
 9


 Campbeltown
 1
 0
 18
 3


 Cupar
 2
 0
 33
 4


 Dingwall
 1
 0
 20
 1


 Dornoch
 1
 0
 6
 0


 Dumbarton
 4
 0
 64
 37


 Dumfries
 1
 1
 30
 34


 Dundee
 11
 0
 99
 26


 Dunfermline
 5
 3
 89
 23


 Dunoon
 4
 0
 12
 0


 Duns
 0
 0
 1
 1


 Edinburgh
 2
 6
 162
 174


 Elgin
 11
 6
 30
 26


 Falkirk
 19
 0
 149
 25


 Forfar
 3
 0
 42
 1


 Fort William 
 0
 0
 9
 3


 Glasgow
 69
 13
 538
 160


 Greenock
 3
 0
 20
 16


 Haddington
 0
 1
 15
 41


 Hamilton
 4
 3
 175
 48


 Inverness
 4
 2
 117
 2


 Jedburgh
 0
 0
 5
 13


 Kilmarnock
 4
 0
 93
 58


 Kirkcaldy
 7
 4
 104
 38


 Kirkcudbright
 0
 0
 8
 8


 Kirkwall
 1
 0
 13
 0


 Lanark
 0
 0
 23
 1


 Lerwick
 0
 0
 8
 0


 Linlithgow
 8
 6
 55
 52


 Lochmaddy
 0
 0
 1
 0


 Oban
 0
 0
 6
 2


 Paisley
 4
 1
 76
 44


 Peebles
 0
 0
 1
 2


 Perth
 5
 0
 73
 26


 Peterhead
 1
 2
 27
 6


 Rothesay
 0
 0
 6
 2


 Selkirk
 0
 0
 7
 15


 Stirling
 0
 0
 63
 17


 Stonehaven
 1
 1
 13
 3


 Stornoway
 4
 0
 7
 0


 Stranraer
 0
 0
 7
 11


 Tain
 1
 0
 27
 3


 Wick
 1
 0
 26
 13


 Grand Total 
 204
 53
 2,717
 1,170



  Notes:

  1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service’s case management database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

  2. The database is charge based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. Procurator Fiscal jurisdictions match sheriff court jurisdictions.

Justice

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive how many people have been stopped at Scottish airports under section 44 of the Terrorism Act 2000 in each year since 2007.

Kenny MacAskill: The Scottish Government does not hold this information.

Justice

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive how many people have been questioned in Scottish airports under Schedule 7 of the Terrorism Act 2000 in each year since 2007.

Kenny MacAskill: The Scottish Government does not hold this information.

Justice

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive how many stop and searches have been carried out in Scotland under section 44 of the Terrorism Act 2000 since 2007, broken down by (a) police force and (b) ethnicity of person stopped and searched.

Kenny MacAskill: The number of stops and searches carried out by Scottish Police Forces in each year since 2007 is shown in the following table. Breakdowns based on ethnicity are not available. Neither the Home Office nor the Scottish Government provide breakdowns of this data by police force, as this could reveal the geographic extent of section 44 authorisations in force at a given point in time.

  

 Year
Number of s44 Stopand Searches


 2007
 116


 2008
 1,376


 2009 (to 31 August)
 878



  Searches undertaken by the British Transport Police in Scotland are a matter for the Home Office, who receive notification of the number of those searches on a monthly basis.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive who drew up the terms of the licence under which Abdelbaset Ali Mohmed Al Megrahi has been released.

Kenny MacAskill: The conditions in the licence were specified by the Scottish ministers, as is the case for any licence under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The conditions are in accordance with the requirements of section 12 of that act, and with the recommendation of the Parole Board for Scotland.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether, at the time of his release, ministers were aware of the terms of the licence under which Abdelbaset Ali Mohmed Al Megrahi was released.

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether ministers approved the terms of the licence under which Abdelbaset Ali Mohmed Al Megrahi has been released.

Kenny MacAskill: Yes.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what alternative conditions were considered when deciding on the terms of the licence under which Abdelbaset Ali Mohmed Al Megrahi has been released.

Kenny MacAskill: The advice I received on 14 August has been published and is available at www.scotland.gov.uk/lockerbie .

  I considered alternative conditions concerning place of residence, travel restrictions, remote contact with the supervising officer, medical reports and additional supervision. The parole board recommended that the mandatory life licence conditions would be sufficient in this case.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether ministers agreed that it was appropriate to monitor Abdelbaset Ali Mohmed Al Megrahi in Libya by video conference once a month on his release.

Kenny MacAskill: No, ministers did not so agree, and the licence does not contain such a condition. The frequency and nature of supervision will be determined by the supervising officer. The licence requires Mr Megrahi to provide his supervising officer with a report on his medical condition on a monthly basis, but that is a separate matter from the frequency of the supervision.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether keeping Abdelbaset Ali Mohmed Al Megrahi under house arrest or otherwise detained in Libya was considered as part of the conditions of licence for his release.

Kenny MacAskill: The licence contains residence and travel restrictions, but these do not amount to house arrest. A condition amounting to detention would be incompatible with a licence providing for compassionate release.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what action it will take if Abdelbaset Ali Mohmed Al Megrahi breaks the terms of his licence.

Kenny MacAskill: The powers of the parole board for Scotland and the Scottish Ministers in the event of a failure to comply with the conditions of a licence are set out in section 17 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what action it will take if Abdelbaset Ali Mohmed Al Megrahi fails to appear for his monthly video conference with social work authorities in Scotland.

Kenny MacAskill: I refer the member to the answers to questions S3W-26654 and S3W-26656 on 4 September 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what discussions it has had with the Libyan authorities about the terms of licence for Abdelbaset Ali Mohmed Al Megrahi’s release.

Kenny MacAskill: As part of contingency planning, discussions were held with the Libyan authorities concerning the residence and supervision requirements.

Justice

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether the terms of licence under which Abdelbaset Ali Mohmed Al Megrahi has been released were agreed with the authorities in Libya.

Kenny MacAskill: No.

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive what advice the Cabinet Secretary for Justice received regarding his decision to return Mr Abdelbaset Ali Mohmed Al Megrahi to Libya on compassionate grounds under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Kenny MacAskill: I received advice on 14 August 2009 concerning the application by Mr Megrahi. As set out in my statement on 20 August, I was provided with reports and recommendations by the Governor of Greenock Prison, the doctors and prison social work staff. Also, as laid out in statute, I consulted the parole board. This is the normal process for consideration of an application for compassionate release and my decision was in accordance with all the advice given to me. That advice has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive what advice the Cabinet Secretary for Justice received regarding his decision not to release Mr Abdelbaset Ali Mohmed Al Megrahi into care in Scotland on compassionate grounds under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Kenny MacAskill: As I explained to Parliament on 24 August, it has been suggested that Mr Megrahi could have been released from prison to reside elsewhere in Scotland. Clear advice from the Deputy Chief Constable of Strathclyde Police was that the security implications of such a move would be severe. A minimum of 48 officers would be required simply to allow Mr Megrahi to live in Scotland. I therefore ruled that out as an option. The advice has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive when it will release medical reports on Mr Abdelbaset Ali Mohmed Al Megrahi.

Kenny MacAskill: The medical report on which my decision was based was published on 20 August. It is available at www.scotland.gov.uk/lockerbie .

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive who gave the Cabinet Secretary for Justice advice on the medical condition of Mr Abdelbaset Ali Mohmed Al Megrahi.

Kenny MacAskill: As I explained in my statement on 20 August, the advice on which I based my decision was contained in a report dated 10 August from the Director of Health and Care for the Scottish Prison Service.

  He had access to and reviewed all the information about Mr Megrahi’s medical records. The latest assessment of Mr Megrahi’s condition was conducted by the Scottish Prison Service primary care physician treating him, in close consultation with a highly experienced NHS consultant oncologist of many years experience – both of whom have dealt with Mr Megrahi’s case since the earliest stages following the diagnosis of metastatic prostate cancer. It was assessed that Mr Megrahi’s clinical condition had declined significantly during the week 26 July to 3 August.

  It was the conclusion of the report submitted by the Scottish Prison Service Director of Health and Care, in light of all the medical information, and having reviewed the contributions of all of the clinicians involved in Mr Megrahi’s case, that: "the clinical assessment is that a three month prognosis is now a reasonable estimate for this patient." This view is based upon an analysis of all of the views expressed and the consensus of the medical experts that the condition of Mr Megrahi was now entering its final stages.

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive what discussions it had with the UK Government in relation to releasing Mr Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Kenny MacAskill: None. Correspondence with the United Kingdom Government relating to Mr Megrahi has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive whether the Cabinet Secretary for Justice consulted the Parole Board for Scotland before releasing Mr Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and, if so, what advice it issued.

Kenny MacAskill: Yes, the parole board was consulted. It recommended that Mr Megrahi was suitable for release on compassionate grounds and that, if he were to be released, the mandatory life licence conditions would be sufficient. The parole board’s advice has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive (a) how many American victims of the Lockerbie bombing the Cabinet Secretary for Justice met during his recent video conference, (b) how many video conferences were held between the Cabinet Secretary and the American victims, (c) what the duration was of each video conference and (d) what contact was made with families that were unable to meet by video call.

Kenny MacAskill: At my request I held a video conference with 11 family members of victims from the United States on 9 July. Arrangements for attendance were made through the Victims of Pan-Am Flight 103 organisation. The video conference lasted around 90 minutes. Many family members from the United States and elsewhere made written representations, and these were taken into account in reaching my decisions. The note of the videoconference has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive (a) on what date, (b) at what time and (c) by what means the Cabinet Secretary for Justice officially notified the families of the victims of the Lockerbie bombing that Abdelbaset Ali Mohmed Al Megrahi was to be released on compassionate grounds.

Kenny MacAskill: The families of the victims were notified in an email sent at 13:03 on 20 August, as I stood up to begin my statement. Those who did not have email access were contacted by telephone at the same time.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive for what reason it did not ask for the Parliament to be recalled prior to the decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds.

Kenny MacAskill: As I explained in my statement, these were decisions for me as Cabinet Secretary for Justice, following due process. They were not decisions for Parliament, and should not have been subject to influence from Parliament. I am accountable to Parliament for the decisions I took.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive for what reason the Cabinet Secretary for Justice decided to meet Abdelbaset Ali Mohmed Al Megrahi in Mr Al Megrahi’s prison cell at HMP Greenock.

Kenny MacAskill: I set out the reasons in my statement on 20 August, and again to Parliament on 24 August. The meeting did not take place in Mr Megrahi’s cell, but in a meeting room at HMP Greenock. The note of the meeting has been published and is available at:

  www.scotland.gov.uk/lockerbie.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it agrees that under all existing prisoner transfer agreements to which the United Kingdom is a party, once a prisoner is advised of the Government’s intention to transfer, the prisoner should be "invited to make written representations" which should then be taken into account when determining whether or not the transfer should proceed.

Kenny MacAskill: No. Previous Prisoner Transfer Agreements (PTAs) required the consent of the prisoner, and that was reflected in the terms of the Repatriation of Prisoners Act 1984. The PTA agreed between the UK and Libyan Governments is the first bilateral PTA which does not require the prisoner’s consent. The Additional Protocol to the Council of Europe Convention on the Transfer of Sentenced Persons, which comes into force in November, also removes the requirement for the prisoner’s consent in certain circumstances. In preparation for that Protocol, amendments were made to the Repatriation of Prisoners Act 1984 by the Police and Justice Act 2006, and these were extended to Scotland, with the consent of the Scottish Parliament, by the Criminal Justice and Immigration Act 2008.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive for what reason it considered the prisoner transfer request of Abdelbaset Ali Mohmed Al Megrahi, given that there was an on-going appeal by the Lord Advocate against the length of the sentence imposed on Mr Al Megrahi.

Kenny MacAskill: It was made clear to the Libyan authorities that the Scottish Ministers were prepared to consider an application for prisoner transfer even though all of the criteria necessary to allow it to be granted were not met at the time of submission of the application.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it agrees that, given that there was on on-going appeal against the length of the sentence imposed on Abdelbaset Ali Mohmed Al Megrahi, the prisoner transfer request was, as a result, incompetent.

Kenny MacAskill: No.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive when it ruled out the prisoner transfer request of Abdelbaset Ali Mohmed Al Megrahi and for what reasons.

Kenny MacAskill: On 19 August 2009, for the reasons set out in my statement on 20 August and repeated to the Parliament on 24 August.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it agrees that where an appeal is on-going, a prisoner transfer request cannot be considered.

Kenny MacAskill: No. One of the criteria set out in the Prisoner Transfer Agreement between the United Kingdom and Libya is that "the judgement is final and no other criminal proceedings are pending". An on-going appeal does not, however, prevent an application being considered to establish whether the other criteria are met.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive (a) what information it has on the reasons why Abdelbaset Ali Mohmed Al Megrahi had been sending home his personal belongings for up to six weeks prior to the official announcement by the Cabinet Secretary for Justice on 20 August 2009 of his decision to release Mr Al Megrahi on compassionate grounds, (b) whether the Cabinet Secretary for Justice was aware of this and (c) by whom it was authorised.

Kenny MacAskill: I have no information on this matter. Mr Megrahi submitted an application for compassionate release in July. Any decision by him to send home or otherwise distribute personal belongings is a matter for him. Prisoners are at liberty to send belongings home if they wish, and many do. It is also quite common for prisoners who have appeals etc. to also send belongings home anticipating a successful outcome. If prisoners request to send belongings home they would normally be allowed to do so.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive at what time and date the Scottish Prison Service was first notified that Abdelbaset Ali Mohmed Al Megrahi was to be released from HMP Greenock on compassionate grounds.

Kenny MacAskill: On 19 August 2009, at approximately 5.00pm.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it intends to instigate a full leak inquiry into why the media found out about the Cabinet Secretary for Justice’s decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds before an official announcement was made by the Cabinet Secretary on 20 August 2009.

Kenny MacAskill: No. I reached my decision to release Mr Al-Megrahi on compassionate grounds on 19 August 2009. Earlier media speculation about my possible decision was just that.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what information it has on the reasons why the aircraft returning Abdelbaset Ali Mohmed Al Megrahi to Libya was airborne before the announcement to release Mr Al Megrahi on compassionate grounds was made by the Cabinet Secretary for Justice on 20 August 2009.

Kenny MacAskill: Arrangements for air transport for Mr Megrahi in the event of a decision to grant either the application for prisoner transfer or the application for compassionate release were for the Libyan authorities, and were part of contingency planning. The Libyan Government, like the rest of the world, were aware that I was to make my statement at 1.00pm on 20 August. As is common knowledge, Mr Megrahi did not leave Scotland until later in the afternoon.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive for what reason it decided to announce the decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds to the media first, rather than to (a) the families of the victims of the Lockerbie bombing or (b) the Parliament.

Kenny MacAskill: My decisions on the applications for prisoner transfer and compassionate release were communicated to the families of the victims ahead of my announcement. Parliament was not in session. I repeated my statement in the Parliament on 24 August.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, if a decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds was not made by the Cabinet Secretary for Justice until 19 August 2009, for what reason it states on its website in respect of Mr Al Megrahi that "plans for transfer of care to Libyan health service have been made" in a document signed and dated 10 August 2009.

Kenny MacAskill: Contingency plans were made for all of the possible outcomes that might flow from my decisions on the applications for prisoner transfer and for compassionate release.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what advice the Cabinet Secretary for Justice received prior to his personal visit to Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock on 5 August 2009; what form that advice took, and whether it plans to release publicly a full copy of the advice.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, following the comments of the First Minister on the BBC programme Good Morning Scotland on 21 August 2009 that the Cabinet Secretary for Justice received advice from officials in the Justice and Communities Directorate on the decision to visit Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock, whether it intends to release publicly a copy of this advice, and, if so, when.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, following the comments of the First Minister on the BBC programme Good Morning Scotland on 21 August 2009 that the Cabinet Secretary for Justice received advice from officials in the Justice and Communities Directorate on the decision to visit Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock, whether it agrees that the content of this advice is firmly in the public interest and should be released as a matter of urgency.

Kenny MacAskill: The advice has been published and is available at:

  www.scotland.gov.uk/lockerbie.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive which of its officials accompanied the Cabinet Secretary for Justice on his visit to meet Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock on 5 August 2009; in what capacity they were attending, and who personally met Mr Al Megrahi.

Kenny MacAskill: I was accompanied by Robert Gordon, Director-General Justice and Communities and Linda Miller, Criminal Law & Licensing Division. Both were present in an official capacity. All three of us met Mr Megrahi. His legal adviser was also present. The note of the meeting has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether the (a) Lord Advocate or (b) First Minister were consulted prior to the Cabinet Secretary for Justice visiting Abdelbaset Ali Mohmed Al Megrahi in HMP Greenock on 5 August 2009 and what the nature was of any advice or opinion given by them.

Kenny MacAskill: No. Advice from my officials on 26 May 2009 on the process for considering representations was copied to the First Minister’s office, as was my response. The advice and my response have been published and are available at www.scotland.gov.uk/lockerbie .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive for what purpose the Cabinet Secretary for Justice met Abdelbaset Ali Mohmed Al Megrahi in HMP Greenock on 5 August 2009 and whether he intends to visit any other convicted murderers in custody with appeals pending.

Kenny MacAskill: I refer the member to the answer to question S3W-26500 on 1 September 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what remorse it considers Abdelbaset Ali Mohmed Al Megrahi has shown for the crimes he committed.

Kenny MacAskill: As I said in my statement on 20 August 2009, Mr Megrahi did not show his victims any comfort or compassion. They were not allowed to return to the bosom of their families to see out their lives, let alone their dying days. No compassion was shown by him to them.

  But, that alone is not a reason for us to deny compassion to him and his family in his final days.

  Remorse, or admission of guilt, is not a factor in the processes for consideration for compassionate release or prisoner transfer.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether the First Minister stands by his comments made on 7 June 2007 that Abdelbaset Ali Mohmed Al Megrahi, convicted of the Lockerbie bombing, should serve out his sentence in Scotland.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether the First Minister stands by his comments made on 7 June 2007 in relation to Abdelbaset Ali Mohmed Al Megrahi, convicted of the Lockerbie bombing, that "at the time, the Scottish law officers and others, including the secretary-general of the United Nations, gave assurances that any sentence that was imposed would be served in Scotland."

Kenny MacAskill: In his statement to the Parliament the First Minister drew attention to the assurances that had been given before the trial that any sentence would be served in Scotland. Those assurances have been the subject of correspondence with the UK and US governments, as explained in my statement on 20 August 2009.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what the conditions of the licence for Abdelbaset Ali Mohmed Al Megrahi’s release are and how they were decided.

Kenny MacAskill: The conditions of Mr Al-Megrahi’s licence are as follows.

  "1. You shall be under the supervision of an officer to be nominated for this purpose from time to time by the Director of the Community Health and Care Partnership of East Renfrewshire Council.

  2. You shall comply with such requirements as that officer may specify for the purposes of supervision.

  3. You shall make yourself available for meetings and discussions by telephone or video link with your supervising officer in accordance with that officer’s instructions.

  4. You shall reside at [address], Libya upon release and shall inform your supervising officer in advance of any change in your place of residence.

  5. You shall provide on a monthly basis a report on your medical condition to your supervising officer.

  6. You shall be of good behaviour and shall keep the peace.

  7. You shall not travel outside Libya without the prior permission of your supervising officer."

  The conditions in the licence were specified by the Scottish Ministers, as is the case for any licence under section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The conditions are in accordance with the requirements of section 12 of that act, and with the recommendation of the Parole Board for Scotland.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many health officials submitted evidence on Abdelbaset Ali Mohmed Al Megrahi’s health to the Cabinet Secretary for Justice for consideration and how many of those submissions were considered in making the final decision to release Mr Al Megrahi on compassionate grounds.

Kenny MacAskill: As set out in my statement on 20 August, and again on 24 August and 2 September, my decision on the application for compassionate release was based on the report from the Director of Health and Care of the Scottish Prison Service. He had access to all Mr Megrahi’s medical records. That report is clear. Taking all the medical advice into account the Director’s view is that "the clinical assessment is that a three month prognosis is now a reasonable estimate for this patient."

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, in light of the evidence submitted to the Cabinet Secretary for Justice in relation to Abdelbaset Ali Mohmed Al Megrahi’s health, what the (a) shortest and (b) longest estimate was of how long Mr Al Megrahi would survive.

Kenny MacAskill: The advice to me was that "the clinical assessment is that a three month prognosis is now a reasonable estimate for this patient". That relates to the median life expectancy – minimum and maximum life expectancies have not been estimated. As I said in my statement on 20 August, he may die sooner or he may live longer. I could only base my decision on the medical advice I had before me.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many (a) emails and (b) letters the Cabinet Secretary for Justice has received disagreeing with his decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds, broken down by country of origin.

Kenny MacAskill: The information requested is not available.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what representations the (a) First Minster or (b) Cabinet Secretary for Justice made to the Libyan Government regarding the return of Abdelbaset Ali Mohmed Al Megrahi to Libya on 20 August 2009.

Kenny MacAskill: The issue was raised in my meetings with the Libyan delegation on 6 July and 10 August. Note of the meetings have been published and are available at:

  www.scotland.gov.uk/lockerbie.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what the cost was to it of the return of Abdelbaset Ali Mohmed Al Megrahi from HMP Greenock to Libya, broken down by nature of expense.

Kenny MacAskill: The only costs relating to Mr Megrahi’s return to Libya arise from the transportation from HMP Greenock to Glasgow Airport. Those are operational costs borne by Strathclyde Police and the Scottish Prison Service and are not separately identified.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive on what date or dates the Cabinet Secretary for Justice met with the Parole Board to discuss the case of prisoner Abdelbaset Ali Mohmed Al Megrahi and what was discussed.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive at what date and time the Cabinet Secretary for Justice received the recommendation from the Parole Board to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds.

Kenny MacAskill: I have not met with the parole board to discuss this case. Mr Megrahi’s application for compassionate release, and the reports from the Scottish Prison Service, were sent to the parole board on 10 August and considered by them on 11 August. Their decision and recommendation was provided to me as part of the package of final advice I received on 14 August. That advice has been published and is available at www.scotland.gov.uk/lockerbie .

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive at what date and time the Cabinet Secretary for Justice received each representation and piece of information which he considered in reaching his decision to release Abdelbaset Ali Mohmed Al Megrahi from HMP Greenock on compassionate grounds.

Kenny MacAskill: The final advice on the applications for prisoner transfer and compassionate release were sent to my office at 17:50 on 14 August 2009.

Justice

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive which local authority social work directors were asked for written advice on the possible compassionate placement of Mr Abdelbaset Ali Mohmed Al Megrahi.

Kenny MacAskill: Senior staff in East Renfrewshire Council were consulted as part of contingency planning. No written advice was sought or offered.

Justice

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive which chief constables, excluding the Chief Constable of Strathclyde Police, were asked for written advice on the placement of Mr Abdelbaset Ali Mohmed Al Megrahi in their force areas.

Kenny MacAskill: None, and there is no reason why other chief constables would be consulted.

Justice

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive which NHS board chief executives were asked for written advice on the appropriateness of placing Mr Abdelbaset Ali Mohmed Al Megrahi in their areas.

Kenny MacAskill: None, and there is no reason why NHS boards would be consulted.

Justice

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive whether it will make all convicted prisoners in Scottish prisons who are nationals of countries with which the United Kingdom has prisoner transfer agreements aware that they can apply for a face-to-face meeting with the Cabinet Secretary for Justice before a decision is made by him on prisoner transfer.

Kenny MacAskill: No, because that is not the case. Other Prisoner Transfer Agreements operate on a different basis, and the process for considering representations from relevant parties was unique to this case.

NHS Staff

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive how many lesbian, gay, bisexual and transgender staff identified themselves in last year’s NHS staff survey as having experienced bullying or harassment.

Nicola Sturgeon: The NHS Scotland 2008 staff survey took place between 20 October 2008 and 21 November 2008. A total of 58,381 staff completed the staff survey.

  Specific questions relating to lesbian, gay, bisexual and transgender staff were not asked in the 2008 staff survey.

NHS Staff

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive how many disabled staff identified themselves in last year’s NHS staff survey as having experienced bullying or harassment

Nicola Sturgeon: The NHS Scotland 2008 staff survey took place between 20 October 2008 and 21 November 2008. A total of 58,381 staff completed the staff survey.

  From the 2008 staff survey results, 695 disabled staff identified themselves as having experienced bullying and 756 reported having experienced harassment.

  NHS boards are required to develop local action plans that address the issues raised by the staff survey results.

NHS Staff

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive how many female staff identified themselves in last year’s NHS staff survey as having experienced bullying or harassment.

Nicola Sturgeon: The NHS Scotland 2008 staff survey took place between 20 October 2008 and 21 November 2008. A total of 58,381 staff completed the staff survey.

  From the 2008 staff survey results, 7,323 female staff identified themselves as having experienced bullying and 7,242 reported having experienced harassment.

  NHS boards are required to develop local action plans that address the issues raised by the staff survey results.

NHS Staff

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive how many black and minority ethnic staff identified themselves in last year’s NHS staff survey as having experienced bullying or harassment.

Nicola Sturgeon: The NHS Scotland 2008 staff survey took place between 20 October 2008 and 21 November 2008. A total of 58,381 staff completed the staff survey.

  From the 2008 staff survey results, 265 black and minority ethnic staff identified themselves as having experienced bullying and 221 reported having experienced harassment.

  NHS boards are required to develop local action plans that address the issues raised by the staff survey results.

NHS Staff

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive how many NHS boards have published an equal pay review.

Nicola Sturgeon: There is presently no statutory duty on public authorities to carry out equal pay reviews. However, NHSScotland recognises the value of this tool within the goal of being an exemplar employer. Only NHS 24 has so far published an equal pay review but all boards are currently looking at how best to progress the equal pay review process.

Procurement

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive whether all contracts issued by (a) it, (b) its agencies and (c) local authorities are advertised on the Public Contracts Scotland website.

John Swinney: The Public Contracts Scotland website was launched in October 2008 as a free-to-use one stop shop for public bodies to advertise public sector tender opportunities and for suppliers to register their interests and receive free e-mail alerts whenever advertisements which may be of interest, are posted. Significant progress has been made to encourage its use and all contract opportunities for contracts to be awarded by the government, its agencies and local authorities and which are above the financial thresholds set out in the Public Contracts (Scotland) Regulations 2006 (currently £90,319 or £139,893 depending upon the status of the public body) are published on the website.

  In addition, 123 organisations, including the government, 18 of its agencies and non-departmental public bodies’, and 25 local authorities have advertised contract opportunities on the website where the value of the contract is below these financial thresholds. The Public Procurement Reform Board, in which I chair, has stated that all public bodies should aim to advertise contracts with a value of £50,000 or more on the Public Contracts Scotland website. Since its launch 4,867 contract opportunities have been advertised.

Scottish Government Accommodation

George Foulkes (Lothians) (Lab): To ask the Scottish Executive what the annual cost is of renting rooms at Dover House in London and on how many occasions Dover House has been so used by (a) the Permanent Secretary, (b) the First Minister and (c) other ministers since May 2007.

John Swinney: Dover House is operated by the Scotland Office, and the Scottish Government pays a percentage share of the overall running costs incurred by the Scotland Office in relation to Dover House. The percentage is based on the proportion of floor area of the rooms that is allocated to the Scottish Government against the total running cost for the building. For 2008-09 this equated to £201,871.

  Funding for the Scotland Office is provided from the total Departmental Expenditure Limit (DEL) for Scotland. Scotland Office costs therefore have first call on Scotland’s block budget from Westminster. In 2009-10, the Scotland Office’s total budget is £7.5 million, out of the total DEL for Scotland of £29,141 million.

  Officials from across the Scottish Government make use of Dover House facilities. In addition, a breakdown of the number of times the facilities have been used by those named in your question is listed in the following table:

  

Name
Number of Times Used


Permanent Secretary
761


First Minister
3


Minister for Parliamentary Business
2


Minister for Culture, External Affairs and the Constitution
3


Minister for Europe, External Affairs and Culture (Linda Fabiani)
7


Cabinet Secretary for Finance and Sustainable Growth
5


Minister for Enterprise, Energy and Tourism
3


Minister for Transport, Infrastructure and Climate Change
None


Cabinet Secretary for Education and Lifelong Learning
1


Minister for Schools and Skills
None


Minister for Schools and Skills (Maureen Watt)
1


Minister for Children and Early Years
None


Cabinet Secretary for Health and Wellbeing
None


Minister for Public Health and Sport
3


Minister for Housing and Communities
None


Minister for Housing and Communities (Stewart Maxwell)
None


Cabinet Secretary for Rural Affairs and the Environment
2


Minister for Environment
None


Minister for Environment (Mike Russell)
None


Cabinet Secretary for Justice
1


Minister for Community Safety
None



  Note: 1. The Permanent Secretary attends weekly meetings with other UK Permanent Secretaries, chaired by the Secretary of the Cabinet and Head of the Home Civil Service, Sir Gus O'Donnell, as part of the senior management team of the UK Home Civil Service, and as such uses Dover House regularly.

Young People

Anne McLaughlin (Glasgow) (SNP): To ask the Scottish Executive how it is working with local community and youth groups to tackle gang violence.

Fergus Ewing: The Scottish Government is committed to working with a range of partners to tackle gang violence in our communities. We are investing £1.6 million in the Community Initiative to Reduce Violence project in the East End of Glasgow, which will engage with over 500 gang members between 2008 and 2010. In addition, in 2008, we invested £200,000 in a Collective Violence initiative, which funded 19 projects across Scotland. We are also working with local communities in every local authority area to provide diversionary and educational opportunities for young people through the CashBack for Communities scheme. We have committed to reinvest £13 million of the proceeds of crime into the CashBack programme, and so far over 100,000 young people have benefitted. Through programmes like this we will help keep our young people away from gangs.

Correction

The reply to question S3W-25679, S3W-25680 and S3W-25681 which were originally answered on 5 August 2009, has been corrected: see page 7243 or http://www.scottish.parliament.uk/business/pqa/wa-09/wa0903.htm.